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APIL Guide to Damages Third edition

Substantially revised, updated and expanded to help you to construct a claim for damages.
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£59.00
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ISBN/ISSN: 9781846616075

Product description

Why you should buy APIL Guide to Damages

Claimant lawyers need a clear understanding of the general principles of damages as well as the know-how to maximise the client's claim.

The APIL Guide to Damages sets out the general principles followed by a concise explanation of the law, practice and procedure regarding each possible head of claim. Each chapter contains a brief explanation of the law together with practical tips on evidence and procedure and is illustrated with sample calculations.

The new edition has been substantially revised and updated to take on board the many changes since publication of the second edition, including:

 

  • PSLA - the new Judicial College Guidelines, which include commentary from Dame Janet Smith on the historic gender differential in the assessment of damages for disfigurement
  • Loss of Chance - High court guidance underlining the 'scenario' approach to assessment of the effect of a head injury on solicitor (Clarke v Maltby [2010] EWHC 1201)
  • Smith v Manchester - guidance from the Court of Appeal on the Blamire approach and when it should be adopted (Ward v Allies and Morrison Architects [2012] EWCA Civ 1287)
  • Future loss of earnings - examination of the judicial application of Ogden Tables which now incorporate contingencies other than mortality
  • Interim Payments - likely approach of the courts following CA decision in Eeles v Cobham Hire Services Limited [2010] 1 WLR 409
  • Revised schedules of damages and worked examples throughout

The likely impact of interest and benefits on the level of damages received by the claimant is clearly set out together with advice on when interim payments and provisional damages may be available, as well as how to deal with periodical payments and what investment advice ought to be given to clients.

Foreword

This book is a practical guide, gathering together authoritative guidance on the principles of damages in one place for the busy practitioner. Most works on damages tend to concentrate on the case-by-case awards for general damages and/or on arcane methods of calculation of future loss awards for the catastrophic claim. But in this book the authors have admirably balanced their treatment of the subject so that it is a concise, user-friendly and, above all, practical one-stop shop for all claims. Read the full foreword...

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Table of contents

Foreword to the First Edition
Association of Personal Injury Lawyers (APIL)
Acknowledgements
Table of Cases
Table of Statutes
Table of Statutory Instruments

Pain, Suffering and Loss of Amenity (General Damages)
Damages for Loss of Earnings
Loss of Earning Capacity (Smith v Manchester Awards)
Earning Capacity – Loss of a Chance
Damages for Loss of Congenial Employment
Pension Loss
Damages for Gratuitous Care
Damages for Loss of Housekeeping and Related Services (DIY/Decorating/Gardening etc)
Housing
Medical Expenditure and Aids and Equipment
Mobility and Transport
Mental Incapacity and the Court of Protection
Damages in Respect of Death
Interest
Benefits
Provisional Damages
Periodical Payments
Interim Payments
Investment of Damages
Causation
Appendices
Index

Read the full contents